After full and careful consideration of the information and
statements submitted by the Fallon Paiute-Shoshone Tribe and the
U.S.
Department of the Interior, Bureau of Land Management, Nevada State
Office, and evidence presented by representatives of the Fallon
Paiute-
Shoshone Tribe at the November 17-19, 2001, meeting of the Native
American Graves Protection and Repatriation Review Committee (review
committee), six out of the seven review committee members find that
the
preponderance of the evidence indicates a relationship of shared
group
identity which can be reasonably traced between the present day
Fallon
Paiute-Shoshone Tribe and the human remains and associated funerary
objects from Spirit Cave in Nevada.
This set of human remains, currently under the control of the
Nevada State Office, consists of a mummified skeleton and associated
funerary objects identified as ``Burial Number 2,'' excavated by
S.M.
Wheeler and Georgia N. Wheeler in 1940 from Spirit Cave, Nevada.
During its November 17-19, 2001, meeting, the review committee
considered a dispute brought by the Fallon Paiute-Shoshone Tribe
against the Nevada State Office. The issues leading to the dispute
were
as follows:
1. On June 26, 2000, the Nevada State Office determined that human
remains from Spirit Cave in Nevada (Spirit Cave remains), were not
culturally affiliated with any modern individual, Indian tribe,
or
other group; and
2. The Fallon Paiute-Shoshone Tribe disputed the Nevada State
Office's determination, and asked the review committee to review
and
make findings related to:
a. The cultural affiliation of certain Native American human
remains and associated funerary objects removed from Spirit Cave
in
Nevada (specifically that, despite some gaps in the record, there
is
compelling evidence to support the Fallon Paiute-Shoshone Tribe's
claim
of cultural affiliation with the early Holocene occupants of the
western Great Basin, including the Spirit Cave remains); and
b. The return of such human remains and objects to the Fallon
Paiute-Shoshone Tribe.
The review committee reviewed documents provided by the Fallon
Paiute-Shoshone Tribe and the Nevada State Office, and heard oral
presentations by individuals on behalf of the Fallon Paiute-Shoshone
Tribe regarding the cultural affiliation of Native American human
remains from Spirit Cave in Nevada.
After full and careful consideration of the provided information
by all review committee members, six out of the seven review committee
members find that:
1. The review committee does not believe that the Nevada State
Office has given fair and objective consideration and assessment
of all
the available information and evidence in this case; and
2. The review committee finds that the preponderance of the
evidence indicates a relationship of shared group identity which
can be
reasonably traced between the present-day Fallon Paiute-Shoshone
Tribe
and the human remains and associated funerary objects from Spirit
Cave
in Nevada.
Based on these findings, the review committee, by a six to one
vote, recommends that the Nevada State Office repatriate the Spirit
Cave human remains and associated funerary objects to the Fallon
Paiute-Shoshone Tribe.
The review committee directed the Designated Federal Official to
communicate its findings on this dispute to the representatives
of the
two affected parties, the Fallon Paiute-Shoshone Tribe and the Nevada
State Office, as well as other appropriate officials within the
Department of the Interior.
The Native American Graves Protection and Repatriation Act directs
the Secretary of the Interior to establish and maintain an advisory
committee composed of seven private citizens nominated by Indian
tribes, Native Hawaiian organizations, and national museum
organizations and scientific organizations (25 U.S.C. 3006). The
responsibilities of the review committee include reviewing and making
findings related to the identity or cultural affiliation of Native
American human remains or other cultural items, or to the return
of
human remains or other cultural items; and facilitating the resolution
of disputes among Indian tribes, Native Hawaiian organizations,
or
lineal descendants and Federal agencies or museums relating to the
return of human remains and other cultural items.
This notice is published as part of the National Park Service's
administrative responsibilities under NAGPRA, 25 U.S.C. 3006 (g).
These
findings and recommendations do not necessarily represent the views
of
the National Park Service or Secretary of the Interior. The National
Park Service and the Secretary of the Interior have not taken a
position on these matters.